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RIVERKEEPER, INC. v. MIRANT LOVETT, LLC

No. 05-CV-2792 (CS).

675 F.Supp.2d 337 (2009)

RIVERKEEPER, INC., Plaintiff, v. MIRANT LOVETT, LLC, as owners and operators of the Lovett Generating Station, Defendants.

United States District Court, S.D. New York.

December 15, 2009.

Attorney(s) appearing for the Case

Daniel E. Estrin, Karl S. Coplan, Pace Environmental Litigation Clinic, Inc., White Plains, NY, for Plaintiff.

Michael A. Oropallo, Hiscock & Barclay, LLP, Syracuse, NY, for Defendant.

MEMORANDUM DECISION AND ORDER

SEIBEL, District Judge.

Plaintiff Riverkeeper, Inc. brought this action against Defendant Mirant Lovett, LLC ("Lovett"), as a citizen suit under the Clean Water Act. See 33 U.S.C. § 1365(a). Plaintiff alleges that Defendant violated the terms of its State Pollution Discharge Elimination System ("SPDES") permit by failing to timely implement environmental safeguards at a Lovett power station drawing water from the...

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